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A LUXURY golfing estate in the Waterberg in Limpopo that was due to host a music festival faced being provisionally liquidated following an application by the production company that organised the event.
The event – featuring a string of well-known Afrikaans singers – never took place at the venue, and Epitaph Productions, trading as Legend Productions, blamed Legend Golf & Safari Resort for this.
They said they had to pay the artists in advance and that the estate thus owed them R690 000 in damages suffered by them due to breach of contract.
But Pretoria High Court Acting Judge Jan Hiemstra turned down the application, saying that asking for the liquidation of the golfing estate was too drastic a measure. He also said there was no proof before the court that the estate was in fact at fault.
He showed his dismay at the application by awarding a punitive costs order against the production company.
The production company told the court that it was asked to arrange and enter into a contract with various artists to perform at a music festival at the golf estate.
It was said that the parties entered into an agreement in terms of which the production company would for five years arrange and produce an annual weekend golf day and music festival, called the Bosveld Makiti, to be held at the golf estate.
In this regard, the production company said it had entered into an agreement with various artists to perform at the venue on the weekend of September 30 to October 1, 2011.
The production company said it had paid several of the artists in advance, in terms of the agreements with them, and it had incurred other costs in relation to the event.
According to the company, the golfing estate cancelled the event about two weeks before it was due to take place.
The golfing estate vigorously denied it is indebted to the production company and said no contract had been entered into, so there was no contract to breach.